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Beyond Punishment?A Normative Account of the Collateral Legal Consequences of Conviction$
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Zachary Hoskins

Print publication date: 2019

Print ISBN-13: 9780199389230

Published to Oxford Scholarship Online: April 2019

DOI: 10.1093/oso/9780199389230.001.0001

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Instrumental Justifications

Instrumental Justifications

Chapter:
(p.165) 7 Instrumental Justifications
Source:
Beyond Punishment?
Author(s):

Zachary Hoskins

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199389230.003.0007

This chapter examines the instrumental case for collateral legal consequences (CLCs). CLCs are commonly defended as risk-reductive measures. The chapter proposes several considerations relevant to determining whether and when particular measures are justified on risk-reduction grounds: Restrictions should effectively serve a morally compelling interest, they should not generate offsetting negative consequences, and they should represent the least burdensome alternative. The chapter contends that some CLCs may be permissible according to these criteria, but only in a very limited range of cases. Also, the state will be obliged to make provisions to mitigate the effects of such measures on offenders’ abilities to build legitimate lives for themselves.

Keywords:   risk-reduction, incapacitation, consequentialism, compelling interest, least burdensome alternative, offender reform

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